Terms of Service

1. Acceptance of Terms

Welcome to Punchlist. By accessing or using our mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

We reserve the right to modify these Terms at any time. Your continued use of the App after changes are posted constitutes acceptance of the modified Terms.

2. Description of Service

Punchlist provides a mobile application that enables users to conduct inspections, capture photos, record audio notes, create checklists, and organize inspection-related data (collectively, the "Service").

The Service is provided on a subscription basis with various pricing tiers. Features and limitations vary by subscription level.

3. Eligibility

You must be at least 13 years of age (or 16 in the European Economic Area) to use the App. If you are under 18, you represent that you have your parent or guardian's permission to use the App.

By using the App, you represent and warrant that you have the legal capacity to enter into these Terms.

4. Account Registration and Security

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Subscription and Payment Terms

5.1 Subscription Plans

The App offers credit-based subscription plans:

• Starter: 5 credits for $25 ($5 per inspection)
• Popular: 15 credits for $60 ($4 per inspection - Save 20%)
• Best Value: 50 credits for $150 ($3 per inspection - Save 40%)

One credit equals one inspection report generation. Credits do not expire.

5.2 Payment Processing

Payments are processed through Apple In-App Purchase or Google Play Billing. You agree to pay all fees associated with your subscription. All sales are final and non-refundable except as required by law or as specified in Section 5.4.

5.3 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will not affect existing credits you have already purchased.

5.4 Refunds

All purchases are final. Refunds may be granted at our sole discretion in cases of:

• Technical errors preventing service access
• Duplicate charges
• Service unavailability for extended periods

Refund requests must be submitted to [email protected] within 14 days of purchase.

6. User Content and Conduct

6.1 User-Generated Content

You retain all ownership rights to content you create, upload, or store using the App, including photos, audio recordings, text notes, and inspection reports ("User Content").

By using the App, you grant us a limited, non-exclusive, royalty-free license to store, process, and transmit your User Content solely for the purpose of providing the Service to you.

6.2 Your Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You own or have all necessary rights, licenses, and permissions to use and share your User Content
• Your User Content does not violate any third-party rights (including copyright, trademark, privacy, or publicity rights)
• Your User Content does not contain illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material
• You have obtained all necessary consents before capturing photos or audio recordings of individuals or private property

6.3 Prohibited Conduct

You agree NOT to:

• Upload content that infringes on intellectual property rights
• Capture or upload photos or recordings without proper authorization or consent
• Use the App for any illegal, fraudulent, or unauthorized purpose
• Attempt to gain unauthorized access to the App or related systems
• Interfere with or disrupt the App or servers
• Reverse engineer, decompile, or disassemble the App
• Use the App to transmit viruses, malware, or other harmful code
• Impersonate any person or entity
• Harvest or collect information about users without their consent
• Use the App in violation of any applicable laws or regulations

6.4 Content Monitoring

We do not monitor, review, or verify User Content. We are not responsible for User Content uploaded or created by users. However, we reserve the right to remove any content that violates these Terms or applicable law.

7. Intellectual Property Rights

The App and its original content (excluding User Content), features, and functionality are owned by Punchlist and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks and trade dress may not be used without our prior written permission.

8. Digital Millennium Copyright Act (DMCA)

We respect intellectual property rights. If you believe that your copyrighted work has been uploaded, stored, or shared through the App in a way that constitutes copyright infringement, please notify us at:

DMCA Agent
Email: [email protected]
Subject: DMCA Takedown Notice

Your notice must include:

• Identification of the copyrighted work claimed to be infringed
• Identification of the material claimed to be infringing and its location
• Your contact information (name, address, phone, email)
• A statement of good faith belief that use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

9. Privacy and Data Protection

Your use of the App is also governed by our Privacy Policy, available at punchlists.app/privacy. By using the App, you consent to the collection and use of information as described in the Privacy Policy.

10. Disclaimers and Limitations of Liability

10.1 Service Provided "AS IS"

THE APP AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The App will function without interruption or errors
• Defects will be corrected
• The App is free of viruses or harmful components
• The results obtained from using the App will be accurate or reliable
• Your data will be secure or not lost

10.2 No Liability for User Content

WE ARE NOT RESPONSIBLE FOR ANY USER CONTENT UPLOADED, STORED, OR SHARED THROUGH THE APP. YOU ACKNOWLEDGE THAT YOU USE THE APP AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND ANY CONSEQUENCES ARISING FROM IT.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PUNCHLIST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the App
• Any conduct or content of any third party on the App
• Any User Content obtained from the App
• Unauthorized access, use, or alteration of your data or User Content
• Loss, corruption, or deletion of your data or User Content
• Any claims related to photos, audio recordings, or other content you capture or store

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10.4 Data Loss

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF YOUR USER CONTENT. WE ARE NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION, OR DELETION OF YOUR DATA.

10.5 Third-Party Services

The App may integrate with third-party services (e.g., cloud storage, payment processors). We are not responsible for any acts or omissions of third parties, including the performance or availability of third-party services.

11. Indemnification

You agree to defend, indemnify, and hold harmless Punchlist, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the App
• Your User Content, including any claims that it infringes or violates third-party rights
• Your violation of any rights of another person or entity
• Any photos, audio recordings, or other content you capture, upload, or store
• Any inspection reports or professional services you provide using the App

12. Professional Use Disclaimer

THE APP IS A TOOL FOR ORGANIZING AND DOCUMENTING INSPECTIONS. IT DOES NOT PROVIDE PROFESSIONAL ADVICE OR REPLACE PROFESSIONAL JUDGMENT.

If you use the App in a professional capacity (e.g., home inspections, property assessments), you are solely responsible for:

• Compliance with all applicable professional standards and regulations
• The accuracy and completeness of your inspection reports
• Obtaining necessary licenses, permits, and insurance
• Your professional liability and errors and omissions coverage

WE ARE NOT LIABLE FOR ANY PROFESSIONAL ERRORS, OMISSIONS, OR CLAIMS ARISING FROM YOUR USE OF THE APP IN A PROFESSIONAL CAPACITY.

13. Term and Termination

These Terms remain in effect while you use the App. We may suspend or terminate your access to the App at any time, with or without cause or notice, including for violations of these Terms.

You may terminate your account at any time through the App settings. Upon termination:

• Your right to use the App immediately ceases
• Your unused credits are forfeited (no refunds)
• Your User Content will be deleted within 30 days

Sections that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

If informal resolution fails, you agree that any dispute arising from these Terms or the App shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA), rather than in court. The arbitration shall be conducted in English and the arbitrator's decision shall be final and binding.

14.3 Class Action Waiver

YOU AND PUNCHLIST AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.4 Exceptions

Either party may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

For disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

16. App Store Terms

If you access the App via the Apple App Store or Google Play Store, you agree to comply with their respective terms of service. In the event of a conflict between these Terms and the App Store terms, these Terms shall prevail regarding use of the App.

The App Store provider is not responsible for the App, its content, maintenance, support, or any claims relating to it (including product liability, legal compliance, or intellectual property infringement).

17. Export Control

The App may be subject to export control laws. You agree to comply with all applicable export and re-export restrictions and regulations.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Punchlist regarding the App and supersede all prior agreements and understandings.

20. Contact Information

If you have questions about these Terms, please contact us at:

Email: [email protected]
Support: [email protected]
DMCA: [email protected]